JACKSON v. STATE

No. A99A0435.

516 S.E.2d 792 (1999)

237 Ga. App. 746

JACKSON v. The STATE.

Court of Appeals of Georgia.

April 23, 1999.


Attorney(s) appearing for the Case

Steven E. Phillips, Atlanta, for appellant.

Paul L. Howard, Jr., District Attorney, Bettieanne C. Hart, Assistant District Attorney, for appellee.


ANDREWS, Judge.

Diarra Jackson appeals from the trial court's order denying his motion for new trial after a jury found him guilty of aggravated assault and possession of a firearm during the commission of a felony. Jackson claims the trial court committed reversible error when it failed, even absent a request, to charge the jury on the lack of duty to retreat. We agree and reverse.

Case law is clear that where self-defense is the sole defense, and the issue...

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